Tag Archives for eu261 compensation.
Delta calls it fraud protection. Regulators might call it illegal. In 2025 the airline is still refusing check-in to passengers who can’t produce their original payment card, stranding travelers overseas and exposing Delta to compensation claims under U.K. and E.U. law.
EU261 includes ‘duty of care’ requirements like a hotel night if you’re stranded during a trip even because of weather. But did you know that this duty of care applies to U.S. domestic flights, on U.S. airlines, if you’re flying back from Europe?
It took 7 months and bailiffs showing up at the airport, but the passenger got the money. Sending a bailiff works because if staff don’t pay up, the bailiff can literally confiscate and sell office furniture and equipment. One Star Alliance airline even cancelled a flight in 2019 to avoid sending a plane where they knew a bailiff would be waiting.
Europe has strong airline consumer protection rules, at least in theory. In practice even when an airline owes you money for a delay, it’s tough to collect. We’ve seen customers literally send bailiffs to airline offices to collect and airlines even cancel flights to avoid having their aircraft impounded over $300.
Now they may even eliminate the protections in EU regulation 261 (2004) which requires airlines to compensate passengers between €250 and €600 cash for flight delays of over 3 hours, for cancellations, and for involuntary denied boardings due to overbooking.
ike many carriers, United Airlines and Lufthansa operate a ‘joint venture’ where they share revenue for their operations across the Atlantic. There’s not supposed to be any difference between traveling on a United flight or a Lufthansa flight. Both airlines put their flight codes on the other carrier’s flights. That means United sells Lufthansa flights as though they were United flights with a United flight number, and vice versa.
But if Lufthansa is going to sell United flights as though the fights were their own, then those flights become subject to European consumer protection rules.
EU261 is supposed to provide compensation to passengers for flight cancellations and extreme delays. Instead these passengers delayed by Finnair wound up with a judgment against them after the company they used to pursue their claims went bankrupt and the carrier pursued reimbursement of its legal expenses.
In theory the European Union has the strongest consumer air travel protections. Its EU261 requires cash compensation for many flight delays. But airlines drag their feet paying compensation, and Americans can’t sue for EU261 compensation in U.S. courts according to a new ruling.
One lawyer who has practically made a career out of enforcing airline rules in court has filed a lawsuit against an airline to get them to pay the cost of a private jet for his client after an overbooking caused the passenger to be denied boarding. The jet was the only way to make it to their destination on the same day.
Since Glasgow, Scotland is part of the UK and Brexit hasn’t happened yet, this flight delay should be covered by Regulation 261/2004 entitling passengers to significant cash compensation. Given the distance and that passengers won’t reach their destination within four hours of schedule, they’re clearly entitled to 600 euros cash each (US$677).
Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel -- a topic he has covered since 2002.
Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »
